§ 10.37.140. Consequences of Vicious Dog Determination.

A.

A dog determined to be a vicious dog may be destroyed by the Department when it is found, after a hearing conducted under Section 10.37.110, that the release of the dog would create a significant threat to the public health, safety, or welfare.

B.

If it is determined that a dog found to be vicious will not be destroyed, the judicial officer or administrative hearing officer must impose the conditions on an owner and custodian of potentially dangerous dogs required by Section 10.37.130, the conditions required by this section, and any other conditions necessary to protect the public health, safety, or welfare.

C.

The enclosure that is required by subsection B of Section 10.37.130 must be an enclosure that is enclosed on all sides and is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved by the Department in writing before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain the written approval of the Department within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the dog owner or custodian.

D.

The owner or custodian of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the dog is kept. The owner or custodian must provide a copy of the notices to the Department before the release of the dog from impound. If the dog was not impounded, the dog owner or custodian must provide a copy of the required notices to the Department within 14 calendar days after the administrative hearing or court determination declaring the dog is vicious.

E.

The owner or custodian of the dog must post one or more signs on the premises, at a location(s) approved by the Department, stating that a vicious dog resides on the premises. The sign(s) must be posted within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the owner or custodian.

F.

If the determination that a dog is vicious under Section 10.37.030 is made after a court hearing, the judicial officer must impose a fine on the owner and/or custodian of up to $1,000 for each separate basis upon which the determination was made. The fine must be paid to the Department to defray the cost of the implementation of this chapter.

G.

The owner or custodian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing, controlling, or having custody of any dog for a period of up to three years, if it is found at the hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, or welfare.

(Ord. 2016-0040 § 201, 2016: Ord. 2013-0033 § 10, 2013: Ord. 2011-0038 § 7, 2011: Ord. 2001-0042 § 2 (part), 2001.)